HomeMy WebLinkAbout880340.tiff -RESOLUTION
RE: APPROVE AMENDED ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Amended Road
_Maintenance and Improvement Agreement between Weld County, Beebe
Draw Farms and Equestrian Center Property Owners Association,
Beebe Draw Land Company, Ltd. , and Beebe Draw Farms Metropolitan
District, and
WHEREAS, the terms and conditions are as stated in said
Agreement, and
WHEREAS, after study and review, the Board deems it
appropriate to approve said Agreement, a copy being attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Amended Road
Maintenance and Improvement Agreement between Weld County, Beebe
Draw Farms and Equestrian Center Property Owners Association,
Beebe Draw Land Company, Ltd. , and Beebe Draw Farms Metropolitan
District be, and hereby is, approved .
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Amended Agreement .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of May,
A.D. , 1988 .
� BOARD OF COUNTY COMMISSIONERS
ATTEST: 6 y li>i °" e',Ce` WE D COUNTY, COLORADO
Weld County Clerk and Recorder in4
and Clerk to the Board Gene R. B ntner, Chairman
-c-o�� C.W. Rir y, Pr -Tem
eputy County C rk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: Jacque ine ohn on
/
County Attorney
Frank Yamaguchi
i C6U 3� 880340
Final Version
COUNTY OF WELD, STATE OF COLORADO
AMENDED ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
THIS AMENDED ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT, made
and entered into this 9th -day of Icy I. , 1988 , by
and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter
called "County, " and BEEBE DRAW FARMS AND EQUESTRIAN CENTER
PROPERTY OWNERS ASSOCIATION, a Colorado non-profit corporation,
hereinafter called "Association, " and BEEBE DRAW LAND COMPANY,
LTD. , a Colorado Limited Partnership, hereinafter -called
"Developer, " and BEEBE DRAW FARMS METROPOLITAN DISTRICT,
hereinafter called "District. "
WITNESSETH:
WHEREAS, Developer has obtained approval of a Planned Unit
District in Case No. Z - 412 :84 : 13 , for recreational, residential
and oil and gas development uses on land located on parts of
Sections 3 , 4 , 5 , and 10 , and all of Sections 8 , -9 , 16 , and 17 ,
all in Township 3 North, Range 65 West of the 6th Principal
Meridian, Weld County, Colorado, and
WHEREAS , the Planned Unit Development will generate
additional traffic on the access road and other nearby roads, and
WHEREAS , the existing County roads which provide access to
the Planned Unit Development will require increased maintenance
and improvements to adequately serve traffic, and
WHEREAS, Developer, District, and Association have offered to
accept certain road maintenance and improvement obligations .
WHEREAS, as part of the County' s requirements with respect to
the Planned Unit Development approval , Developer and Association
entered into a Road Maintenance and Improvement Agreement, "The
Original Agreement, " which Agreement was dated April 3 , 1985 .
WHEREAS, the Agreement was assigned to the District by an
instrument dated December 16 , 1986 , and such assignment was
approved by the County subject to the contingent liability of the
Developer.
WHEREAS, certain changes and circumstances have occurred
since the Agreement was executed and the parties desire to enter
into this Amended Agreement.
-880340
Final Version
NOW, THEREFORE, in consideration of the mutual covenants and
conditions set forth herein, the County, the -Developer, the
District, and the Owner mutually agree -as follows:
1 . Primary access to the Planned unit Development shall be
via Weld County Road 32 from the town limits of Platteville to
Weld County Road 3-9 and via lgeld County Toad 39 to the Planned
Unit -Development entrance located at a point south of Weld County
Road 36 , a distance of approximately 8 miles.
2 . Secondary access will be provided by Weld County Road 39
from the Planned Unit Development entrance south of Weld County
Road 36 to Weld County Road 44 , a distance of approximate 4 .5
miles and Weld County Road 3_8 from Weld County Road 39 to Weld
County Toad 43 .
3 . Commencing with the completion of the entrance road
internal to the Planned Unit Development from Weld County Road 39
to the equestrian center, and after the recording of the final
plat for the first phase of the PUD, the District agrees to
maintain the roadway surface of unpaved -portions of County access
and secondary access roads es follows : -Weld County Road 32 from
Weld County Toad 35 to Weld County Road 39 , Weld County Toad 3-9
from Weld County Road 32 to Weld County Road 40 , and Weld County
Road 38 from Weld County Road 39 to Weld County Road -43 , an
aggregate distance of approximately 8 .-0 miles. This maintenance
obligation shall terminate at such time as any of the particular
roads aforementioned are constructed and paved to County
specifications and accepted by the County for partial maintenance
except to the extent District has performed the -paving and is in
the period between acceptance for partial and permanent
maintenance by the County. Maintenance of the roadway surface
will consist of regular grading to keep the surface reasonably
smooth without large washboards or potholes, so that it can
comfortably be driven at 40 m.p.h. ; to keep the load shaped to
drain, and to keep the ditches open and free of debris. Gravel
will be placed as required to maintain an adequate road sur₹ace .
District represents that it is an independent contractor and not
an -employee or agent of the County. District agrees to identify
to the County an individual responsible for District' s maintenance
functions under this agreement. County will notify the
responsible individual by telephone, with written follow-up,
concerning any observed deficiencies in the maintenance program.
4 . District agrees to provide an adequate dust abatement
program on the approximately 8 . 0 miles of unpaved road for which
he provides maintenance. Water, asphaltic emulsions , or
Page 2 of 9 Pages
880340
Final Version
commercially available chemicals may be used to control dust.
Chemicals that are used for dust control may not contain any
hazardous substances as defined in C.R.S. , Section 29-22-1D1 , et
seq. District recognizes that petroleum products, whether
commercially processed or not, may contain hazardous substances.
District agrees not to use any petroleum products that contain
naptha or other combustible materials. _District agrees to apply
dust control chemicals in such a manner that it will not
contaminate any waters of the State and therefor, material that
may wash from the roadbed will not be suitable. -The District will
be responsible for the application of the chemicals and any damage
that mray occur from the use of the dust control chemicals and it
agrees to indemnify and told harmless County and its officers and
employees from any claims arising from the application of -dust
control chemicals by the -District.
5 . District agrees to provide snow removal -adequate to
allow two lanes of passage for passenger cars en the approximately
8 .0 miles of unpaved road for which -he provides maintenance.
6 . County agrees to furnish, at designated sources,
suitable material for gravel _replacement on the approximately I .0
miles of unpaved road for which District provides maintenance.
District shall be responsible for delivery of material to the work
location. County will load material if loading equipment is
reasonably available . District can use its own equipment, at its
expense, to load material.
7 . Indemnators, District, Developer, and Association,
hereby agree to indemnify Indemnitee , County, from any and all
liability, loss, or damage Indemnitee may suffer as a result of
claims , demands, costs , or judgments against it arising out of
maintenance work performed by the District pursuant to this
Agreement. District will provide insurance against personal
injury and property claims covering County and District for claims
arising out of the terms and conditions for road maintenance in
this Agreement in the amount of $500 ,000 . 00 and require
$1 ,000 ,000.00 insurance from any contractor and similar insurance
from any subcontractor, provided that such coverage shall
indemnify County only to the extent of County' s liability under
this agreement and not in excess of Colorado statutory limits on
governmental liability.
8 . District agrees that all work performed in satisfaction
of this agreement by contract will include in said contract the
requirement of a performance bond and further, to the extent
practicable, any such performance bond shall name County as an
Page 3 of 9 Pages
880340
Final Version
additional beneficiary of such guarantees . Should it not be
practicable to have Weld County as an additional beneficiary on
the bond, then the District shall agree to execute any necessary
agreements to assign the proceeds of such bond to Weld County in
order to assure completion of the project.
9 . County agrees to maintain, repair or replace culverts,
signs, markers , and other roadway appurtenances on the
approximately 8 .0 miles of unpaved road for which District
provides maintenance , except for repairs required as a result of
District' s maintenance operation for which District will be
responsible .
10 . a. The District agrees to pave the gravel portion of
Weld County Road 32 from Weld County Road 39 -west to the existing
paved portion of Weld County Road 32 (approximately at the
intersection of Weld County Road 35) and to pave Weld County Road
39 from Weld County Road 32 a distance of approximately 1 . 6 miles
to the entrance to the PUD (hereinafter be referred to as
"southwest access") . District also agrees to overlay the existing
paved portion of Weld County Road 32 which has not yet received an
overlay which is a distance of approximately 1 . 9 miles and lies
roughly between Weld County Road 31 and 35 . (This shall be
referred to as "Overlay Project. ") The District also agrees to
pave approximately 2 . 4 miles of Weld County Road 39 north from the
entrance of the PUD to connect with the new overlay on Weld County
Road 39 which ends at approximately Weld County Road 40
(hereinafter referred to as "north access") . The paving projects
shall include necessary earth work, base work, utility relocation,
right-of-way acquisition, drainage structure rehabilitation, and
surfacing to ultimately provide a paved roadway 24 feet in width,
with gravel shoulders 8 feet in width. Design standards for the
completed paving projects shall reflect the AASHTO and Colorado
Department of Highways standards in effect at the time of the
construction of each phase of the project, with horizontal and
vertical alignment based on a design speed of 55 m.p.h. and
pavement sections ultimately based on an average daily traffic
volume of 5 ,300 vehicles consisting of 63% passenger cars , 32 .2%
pickup trucks, 3% single unit trucks , and 1 .5% combination trucks ,
and a directional split of 60% in the peak direction with a
regional adjustment factor of 1 .5 .
b. Phase 1 of the paving project shall consist of necessary
earth work, base work, utility relocation, right-of-way
acquisition, drainage structure rehabilitation, and laying of a
three-inch depth of asphalt to create a 24-foot wide paved portion
of the roadway with 4-loot gravel shoulders on the southwest
Page 4 of 9 Pages
88 340
Final Version
access roads . Phase 2 of the paving shall consist of creating
8-foot gravel shoulders and adding additional asphalt to bring the
southwest access roads up to the completed project standards.
Phase 2 shall also include necessary earth work, base work,
utility relocation, right-of-way acquisition, drainage structure
rehabilitation, and surfacing to provide a paved roadway 24 feet
in width with gravel shoulders 8 feet in width for the north
access roads in accordance with the design standards for the
completed paving projects referenced in subparagraph 10 .a. herein.
11 . The District agrees to initiate Phase 1 Paving and the
overlay project by completing engineering plans for the project
within sixty (60) days of closing of financing for the project
with construction and acceptance for partial maintenance by the
County to be completed within 360 days from the date of closing on
first phase bond financing. The term "acceptance for partial
maintenance" shall be according to the definition as used in the
Weld County policy regarding collateral for Subdivision
Improvements. District agrees to complete the overlay project
within the same time frame. Phase 2 of the paving shall be
commenced with sixty (60) days of issuance and sale of the second
phase bond issue and completed, including engineering,
construction, and opening for traffic, within 360 days thereafter,
but in no event shall more than 200 residential building permits
be issued within the P .U.D. prior to the commencement of Phase 2
of the paving.
12 . All construction and materials for the paving projects
shall be in accordance with the Standard Specifications for Road
and Bridge Construction of the Colorado Department of Highways,
with reference to the edition current at the time project is
initiated. County shall review and approve the construction plans
prior to construction and shall have the same authority as the
Engineer, as defined in the specifications for the project, to
inspect construction. The overlay project shall consist of dig
out and patching of severely damaged areas and an overlay over the
existing asphalt surface at least two inches in depth. County
shall review and approve the plans for the overlay prior to
construction and shall have the same authority as the Engineer, as
defined in the specifications for the project, to inspect
construction.
13 . Costs of both paving projects shall be apportioned
between District and County as follows:
880340
Page 5 of 9 Pages
Final Version
District County' s
Share Share
Side ditch, culvert, and 100% 0%
driveway replacement
Design Engineering 100% 0%
Earthwork, grading, paving 100% 0%1
Drainage structures 0% 100%
repair/replacement
Utility relocations 100% 0%
Utility easements 0% 100%2
Right-of-Way 0% 100%
Traffic control devices 0% 100%
Inspection by design engineers 100% 0%
District agrees to bid and contract for the work. Costs of work
items, which are the responsibility of County which have not been
separately contracted for or performed by the County, will be
billed by District to County and County will pay District. County
shall be responsible for payment of costs due in future fiscal
years only if funds are appropriated and are otherwise available
for the services and functions which are described herein. If
construction and financing is to be performed through a statutory
district, work shall be done in accordance with the statute,
provisions of this paragraph to the contrary notwithstanding.
14 . Upon completion and final acceptance by the County of
the two paving projects and the overlay project, District shall be
relieved of all road maintenance, dust abatement, and snow removal
responsibilities as defined in this agreement for those portions
1District shall bear the cost of this item only to the
extent that it might have to extend or relocate a culvert due to
road width and to the extent that it is necessary to maintain
current flow capacity. Any enlargement or new construction shall
be at the total expense of the County.
2District shall be responsible for cost of acquisition of
right-of-way only if it is not possible to meet minimum design
standards within the existing 60-foot right-of-way.
880340
Page 6 of 9 Pages
Final Version
of the roads covered by pavement or overlay projects. The
District agrees to continue to be responsible for maintenance,
dust abatement, and snow removal for Weld County Road 38 from Weld
County Road 39 to Weld County Road 43 . District and County will
enter into a separate agreement for maintenance of this portion
upon satisfaction of all other provisions of this Agreement. Upon
completion and acceptance of both paving projects and execution of
an agreement for maintenance of Weld County Road 38, this
Agreement shall be void.
15 . If, prior to the completion of the construction of Phase
1 and 2 of the paving project and the overlay project, Weld County
issues zoning or U.S.R. approval for any other residential,
commercial, or industrial development, or any expansion of any
agri-businesses that will be using as access any of the
approximate 8 miles of County roads covered by pavement or overlay
projects at the expense of the Developer, the County, to the
extent permitted by law, agrees to seek contributions to the cost
of the road, pro rata as the projected use of the roads involved
compares to the Beebe Draw Farms and Equestrian Center PUD' s
projected use of the roads. It is the intent of Weld County that
this Improvements Agreement meet the requirements of Section 11-2
of the Weld County Subdivision Regulations and further that
District be entitled to claim reimbursement from subsequent
developers using the improved roads to the extent allowed by said
section. This Agreement is not intended to create any cause of
action against Weld County or its officers or employees by any
party to this Agreement or other persons for reimbursement of
costs of the paving projects and overlay projects and is no way is
County considered a guarantor of the monies to be reimbursed by
subsequent subdividers, applicants, or owners who may make use of
the improvements.
16 . It is the intent of the parties that this Agreement
remain in full force and effect until it terminates according to
its own terms and that it be binding upon the Developer,
Association and District and their heirs, successors, and assigns,
and on the County Board and future County Boards to the fullest
extent permitted by law. Should this Agreement, or any portion
thereof, be found to be void or voidable for the reason that it
binds the Board of County Commissioners for more than a one year
period of time, this contract shall be construed as one-year
contract with automatic annual renewals .
17 . The parties agree that prior to the completion of the
first stage of the paving and the overlay project no more than
fifty building permits per twelve-month period shall be issued by
880340
Page 7 of 9 Pages
Final Version
the County and further that there be a limit of one hundred
building permits for residential purposes total until the Phase 1
paving is completed pursuant to the terms of this agreement and it
is accepted for partial maintenance . These limits shall be lifted
once Phase 1 paving and overlay has been accepted for partial
maintenance. Should there be deficiencies in the paving which
would preclude acceptance for final maintenance, the parties agree
to a moratorium on additional residential building permits until
the work has been completed on the project.
18 . District agrees that that portion of the funds raised by
the bond issue for the purpose of meeting its obligations
hereunder shall be segregated and restricted and shall not be used
for any other purpose until the first phase of construction has
been completed and the roads fully accepted by County for
maintenance. Any subsequent bond issues shall similarly result in
the creation of segregated and restricted funds for that purpose.
19. Association and Developer hereby acknowledge that while
certain obligations and responsibilities under this Agreement are
specified as obligations of the District, Owner and Association
shall continue to have contingent liability to the County for
performance of the terms and conditions of this Agreement and are
not, by virtue of this Agreement or any prior assignment, being
released from said responsibilities .
20 . The parties do not intend, by the execution of this
Agreement, to provide any benefits to any persons or entities who
are not signators to this Agreement and the County in no way
guarantees that any of the improvements described herein will be
constructed.
21 . The addresses of the parties are as follows:
Weld County Board of County Commissioners
915 Tenth Street
P. O. Box 1948
Greeley, CO 80632
Beebe Draw Farms and Equestrian Center Property Owners
Association
c/o Morris Burk, General Partner
1551 Larimer, Suite 2706
Denver, CO 80202
880340
Page 8 of 9 Pages
Final Version
Beebe Draw Land Company, Ltd.
c/o John B. Houtchens
Attorney at Law
1007 Ninth Avenue
Greeley, CO 80631
Beebe Draw Farm Metropolitan District
c/o Morris Burk
1551 Larimer, Suite 2706
Denver, CO 80202
Courtesy copy to:
Beebe Draw Metropolitan District
c/o Paul Cockrel
Collins and Cockrel, P . C.
445 Union Blvd. , Suite 129
Denver, CO 80228
It shall be the obligation of the parties to notify each other of
any change of address, registered agent, or change of ownership.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agr,ement �t"he day and year first above written.
ATTEST: 7�� BOARD OF COUNTY COMMISSIONERS
Ci WELD
tt
hal TY, COLORADO
Weld County erk and Recorder ���
and Clerk to the B rd By: /yir �i
rman
Y:
eputy Clerk
ATTES : BEEBE DRAW FARMS AND EQUESTRIAN
"cIL CENTE PROPERTY OWNERS
ASSOC TIO
By:
By: vvyt
ATTEST BEEBE RAW AND COMPANY, LTD.
By: By: �
n
C�Ln. Yaiu.t-
�
ATTEST: BEEBE RAW FARMS METROPOLITAN
DIST
By: BY:
Page 9 of 9 ages 8S03`10
MSS MT IIIIIIIIMS
BEEBE DRAW LAND COMPANY, LTD. D d,, ,, `
1551 LARIMER,SUITE 2706 P t1 r�M
DENVER.COLORADO 80202 II MAR .{S 9 198 Iii
J
PHONE 620-0967 "
j
March 17, 1987
Weld County Board of County Commissioners
P.O. Box 1948
Greeley, Colorado 80632
Dear Commissioners:
Thank you for the opportunity to give you a status report on the delays
encountered by our project. For your records:
The original Bond Underwriter, Prudential-Bache, did not complete the sale
of the issue for the Metropolitan District. The District' s Consultants and
Legal Counsel believe that Prudential-Bache failed to perform their
Underwriting Commitment through no fault of the District.
Kirchner, Moore and Company, a subsidiary of Drexel , Burnham, has been
selected by the District as the new Underwriter, and they are proceeding to
get the Bond issue ready to be sold.
The many new requirements that the Developer had to agree to in the Kirchner
Moore plan are requiring changes in the structure of the previously arranged
development loan financing. The combination of all of the changes in both
the Bond Financing and the Development Financing will possibly take 4 to 5
months. In order to satisfactorily complete the necessary restructuring
Beebe Draw Land Company, Ltd. , the Developer, has filed for reorganization in
the Federal Court. It is anticipated that the approval of the plan of
reorganization will be secured at about the same time that the Bonds are
ready to close.
We are optimistic about being ready to start around September or October of
this year. The Equestrian Center is not involved, and is continuing with its
full program of activities and events. A copy of their summer schedule is
enclosed. The Metropolitan District is also not involved in the
reorganization. Don Warden believes that no County procedures will be
involved because the Service Plan is not being changed.
We have appreciated your interest in and support of our project, and feel
confident that the delays will be of relatively short duration.
Sincerely nA�
1rV')
4
Filmed with March 23, 1987, Reports & Communications.
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